Appeal Not Allowed in Certain Judgments

The Court of Appeal Civil Division rejected the appeal against the judgment dismissing a financial claim. It held that the primary judgment, based on the decisive oath or the defendant's failure to take it, possesses finality that cannot be challenged, except if the appeal is based on the invalidity of the procedures related to administering or taking the oath. The court clarified that judgments issued based on an oath are final; however, an appeal is permitted if there is proven procedural invalidity in administering the oath. The court found that proper procedures were followed in administering the oath and confirmed that requests to modify the oath's wording do not constitute nullity. Furthermore, the period for attendance and taking the oath ends with the defendant's absence, rendering the judgment final and preventing any challenge except on the grounds of procedural invalidity.

Size: 120%Text Size

Notice: This Is an AI-Generated Summary

Display The Full Article